Implementation of IPOA/IUU - International MCS Network

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77immediately to report the matter to the flag State; andif the suspected IUU fishing may have taken place in waters under thejurisdiction of another State or in waters under the purview of a RFMO,immediately report the matter to that State and/or RFMO as well.If the suspected IUU fishing may have taken place in waters under thejurisdiction of the port State, that State should exercise its jurisdiction as acoastal State to investigate and, if appropriate, prosecute and penalize thoseresponsible for the IUU fishing.If the suspected IUU fishing may have taken place in waters beyond thejurisdiction of the port State, the port State may take action against thevessel and its operators with the consent of, or at the request of, the flagState.Port States, acting in cooperation and in particular through RFMOs, shouldadopt and/or strengthen schemes to prevent landings and transshipments offish harvested through IUU fishing.Port States, acting through RFMOs, should strengthen schemes foraddressing non-member fishing by adopting a presumption against landingsby non-member vessels that are identified as having engaged in IUU fishing(and not only against vessels that are actually sighted while engaging in IUUfishing).Internationally Agreed Market-Related MeasuresStates should develop internationally agreed market-related measures toprevent, deter and eliminate IUU fishing. Such measures should beinterpreted and applied in accordance with the principles, rights andobligations established by the WTO and implemented in a fair, transparentand non-discriminatory manner.RFMOs should identify vessels that have engaged in IUU fishing. Whereidentified vessels repeatedly fly the flag of a particular State, the RFMOshould also identify that flag State and urge it to bring the fishing activitiesof its vessels under control.States should take all steps necessary, consistent with international law, toprevent fish caught by vessels identified by an RFMO to have been engagedin IUU fishing being traded or imported into their territories.
78To assist States in implementing this commitment, RFMOs should adoptand/or strengthen catch certification and trade documentation schemes.States should disseminate information on IUU fishing to individuals andcompanies in their territories whose activities are related to fishing andencourage them not to do business with others who are engaged in orsupport IUU fishing.States should enact legislation that makes it a violation to conduct suchbusiness or to trade in fish or fish products derived from IUU fishing.Implementation of IPOA-IUU through RFMOsTo help prevent, deter and eliminate IUU fishing, RFMOs should:collect and disseminate information relating to IUU fishing;identify vessels that are engaging in IUU fishing and coordinatemeasures against them;identify States whose vessels are engaging in IUU fishing and urgethose States to rectify such behaviour;call on their members to take action against vessels without nationalitythat are fishing in the relevant region;adopt rules to ensure that vessel chartering arrangements do not lead toIUU fishing;adopt port inspection schemes, restrictions on transshipment at sea andschemes creating a presumption that fish harvested by non-membervessels in the relevant region should not be landed in ports of members;adopt catch certification and/or trade documentation schemes; andadopt other market-related measures to combat IUU fishing.Members of RFMOs should ensure that the RFMOs have the resourcesnecessary to carry out their functions.RFMOs should encourage non-members with a real interest in the fishery orfisheries concerned to become members, or should at least develop ways tofacilitate cooperation by non-members in the work of RFMOs.
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iiiPREPARATION OF THIS DOCUMENTThe
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vThe IPOA-IUU is voluntary. However
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viii6.2 Examples of some port State
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xiBACKGROUND1. From ancient times,
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xiii11. The Code is voluntary. Howe
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1. INTERNATIONAL PLAN OF ACTION - I
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3Since the late 1990s, a number of
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5(1) conducted by national or forei
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7flag States, coastal States and Po
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9In light of this, the very first
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11the vessels rarely if ever visit
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13For example, Japan requires its n
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15IUU fishing on the high seas. 27
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17end all forms of government econo
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19developing States, 36 have introd
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21If the vessel is fishing on the h
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23registering a vessel that has a h
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25RFMOs have a role to play in ensu
Page 40 and 41: 27FAO, in turn, will make available
Page 42 and 43: 29species can be caught, what gear
Page 44 and 45: 31Flag States are also encouraged t
Page 46 and 47: 33cases, fishing vessels registered
Page 48: 35light of this, paragraph 51 of th
Page 51 and 52: 38transshipment at sea is prohibite
Page 53 and 54: 40supported IUU fishing. For exampl
Page 55 and 56: 42Japan prohibits port calls by tun
Page 57 and 58: 44of a NAFO member, it must be insp
Page 59 and 60: 46discussed in Section 7 of these g
Page 61 and 62: 48products harvested through IUU fi
Page 63 and 64: 50products. On the basis of that da
Page 65 and 66: 52question, while the latter only c
Page 67 and 68: 54States can also combat IUU fishin
Page 69 and 70: 56RFMOs engage in IUU fishing. No s
Page 71 and 72: 588.3 Possibilities for Further Act
Page 73 and 74: 60resolutions calling on those memb
Page 75 and 76: 62landings, port control, and inspe
Page 77 and 78: 648.3.8 Actions in Response to Rema
Page 79 and 80: 66As a result, IUU fishers often co
Page 81 and 82: 68A number of other developed State
Page 83 and 84: 702.4 Measures to control transport
Page 85 and 86: 10.3 Suggested Format for Reports t
Page 87 and 88: 74Flag States should closely contro
Page 89: 76A coastal State should consider r
Page 93 and 94: 12. LITERATURE CITED80Agnew, D.J. 2
Page 95 and 96: 82Greenpeace. 2001. Pirate Fishing:
Page 97 and 98: 84II. NATURE AND SCOPE OF IUU FISHI
Page 99 and 100: 86to the Conservation and Managemen
Page 101 and 102: National Legislation88Legislation16
Page 103 and 104: 90National Plans of Action25. State
Page 105 and 106: 9236.2 having taken into account al
Page 107 and 108: 9446.3 the species, fishing gear au
Page 109 and 110: 9651.2 cooperation and exchange of
Page 111 and 112: 98general operating guidelines for
Page 113 and 114: 100and should consider measures to
Page 115 and 116: 10280.9 development of observer pro
Page 117 and 118: 10486.3 the strengthening of region
Page 119 and 120: 106Articles V, VI, and VII of the A
Page 121 and 122: 1084.2 To the greatest extent pract
Page 123 and 124: 110• Compliance with other aspect
Page 125 and 126: 1126. Information regarding such si
Page 127 and 128: 114Annex ACommon English Name Scien
Page 129 and 130: 1164. Parties shall consider and ac
Page 131 and 132: 118Committed to take steps, consist
Page 133 and 134: 1209. An export-validated Dissostic
Page 135: 122APPENDIX VIWEBSITES OF SELECTED
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Implementation of IPOA/IUU - International MCS Network

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